Introduction: Defining Human Rights Flashcards
What is one of the most important rights for immigration lawyers to understand?
The Right to Private and Family Life (Article 8 of the ECHR).
Why might human rights need to be interfered with in some circumstances?
To protect the rights of others and to protect the wider public interest.
Which two rights in the ECHR are unqualified and should not be interfered with under any circumstances?
Article 3: Prohibition of Torture
Article 4: Prohibition of Slavery (excluding forced labour)
How do the UDHR and ECHR address the need to limit rights?
The UDHR includes Article 29, indicating that rights may need to be limited in some circumstances and prohibits using rights to infringe the rights of others. The ECHR sets out more carefully defined and individually qualified rights.
What is the difference between how the UDHR and the ECHR handle the right to freedom of expression?
What is the difference between how the UDHR and the ECHR handle the right to freedom of expression?
How does the qualification of freedom of expression justify the regulation of immigration advice?
The regulation of immigration advice is justified on grounds of public safety and protection of the rights of others, allowing the government to set conditions and impose penalties for those who do not meet them.
How do the UDHR and the ECHR recognize the importance of the wider public interest in limiting rights?
The UDHR references the just requirements of morality, public order, and general welfare in Article 29, while the ECHR qualifies individual rights to consider their impact on both the rights of others and the wider public interest.
Why might a migrant be deported or excluded under Article 8 considerations?
For reasons of national security, public safety, criminality, or to protect the economic well-being of the country.
How does the economic well-being of a country justify restrictions on immigration?
Restrictions can be justified to ensure there are sufficient resources like housing, schools, hospitals, and police. Economic considerations include costs and logistical issues related to infrastructure.
Why is the need to maintain an effective system of immigration control important?
An effective system ensures fair and consistent treatment of migrants, maintaining order and public trust in immigration processes.
How does integration and language affect immigration considerations?
People who are fully integrated into society are more likely to contribute positively and less likely to be involved in disorder or crime. Language proficiency is key to integration and can be a legitimate consideration in immigration decisions.
How are claims based on Article 8 of the ECHR often seen?
As a balancing exercise between the public interest and the rights of the individual.
